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(영문) 서울중앙지방법원 2018.01.23 2017고정3284

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant uses the mobile phone function of 6 mobile phones owned by the defendant

1. On June 15, 2017, in the subway station where the name of the station is unknown at around 10:53, a screen image is taken of the parts of the victim’s bridge and the parts of the buckbucks in which it is impossible to identify the name of the applicant who was on board the escalator, by suffering from a short black fluor in the subway station with which the name of the station is unknown;

2. On June 17, 2017, in the subway station where the name of the police officer is unknown, taking visual images of the victim’s bridge on which it is impossible to identify the victim’s name on which he/she gets on or off the escalator using a yellow short source from the subway station, and whose name is unknown;

3. On June 19, 2017, at the subway station where the name of the station is unknown, screen pictures are taken of the parts of the bucker in which the victim’s name is unknown who embucks off the escalators by suffering the remaining-fluences from the subway station, and whose name is unknown;

4. On June 27, 2017, around 16:23, 2017, the victim’s name on the part of the buckbuck paper and his clothes inside the buckbucks, in which it is impossible to identify the victim’s name on the part of the c station located in Gangnam-gu Seoul Metropolitan Government, taking a buck-to-kicker’s name on the part of the c station located in Gangnam-gu, Seoul;

5. On July 27, 2017, around 16:10, at the subway E line in Seocho-gu Seoul Metropolitan Government, the victim’s bridge part and the buckbucks part of the buckbucket in which it is impossible to find out his name from which he was loaded with E line of subway No. 9 in Seocho-gu Seoul Metropolitan Government.

Accordingly, the Defendant taken the body of another person against his will, using a camera or other devices with similar functions, which could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the investigative report, and the Acts and subordinate statutes prescribing the images of a crime;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment.

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;